Recent defenses of same-sex marriage and polygamy have invoked the liberal doctrines of neutrality and public reason. Such reasoning is generally sound but does not go far enough. This paper traces the full implications of political liberalism for marriage. I argue that the constraints of public reason, applied to marriage law, entail ‘minimal marriage’, the most extensive set of state-determined restrictions on marriage compatible with political liberalism. Minimal marriage sets no principled restrictions on the sex or number of spouses and (...) the nature and purpose of their caring relationships, nor on which marital rights are exchanged, and whether they are exchanged reciprocally or asymmetrically. Minimal marriage supports adult care networks, urban tribes, friendships, and other forms of relationships as well as ‘traditional’ marriages. I provide a publically justifiable rationale for a legal framework supporting non-dependent caring relationships between adults. The argument is that caring relationships are primary goods, and that liberal justice accordingly requires legal frameworks supporting caring relationships. Minimal marriage is one such framework. (shrink)

Motherhood, as it is practiced, constitutes an obstacle to gender equality in political participation. Several options are available as a potential solution to this problem. One is to advice women not to become mothers, or if they do, to devote less time and energy to caring for their children. However this will have negative repercussions for those who need to be cared for, whether children, sick people or the elderly. A second solution is to reject the view that political participation (...) is an important or necessary part of human flourishing, and allow that those who engage in caring activities can live good lives without having a say in how they are ruled. This has negative consequences for the carers who find themselves in a position, if not of direct oppression, of being dominated, and therefore susceptible of being oppressed. The solution I propose, inspired by the writings of Sophie de Grouchy, is that we look for a form of republicanism that regards caring activities as a form of political participation. (shrink)

This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

In this article, I examine the legal position of those who perform caregiving work within the context of a cohabiting relationship through a novel relational vulnerability lens. I argue that the state, through privatising and devaluing caregiving labour, situates carers within an unequal and imbalanced relational framework, exposing them economic, emotional, and spatial harms. Unlike universal vulnerability, which is inherent and unavoidable, relational vulnerability can be avoided and reduced if the state were to acknowledge that humans are embodied and relational (...) rather than self-sufficient and rational. Law’s treatment of cohabiting carers reflects the state’s broader tendency to value economic self-sufficiency, while confining caregiving to the private family. I argue that the state has a duty to respond directly to relational vulnerability and should aim to make cohabiting carers resilient. Resilience must involve the provision of material resources but should also have a normative commitment to achieving autonomy and equality for those marginalised by law and state policies. (shrink)

Contemporary industrialized societies have been confronted with the fact and consequences of women's increased participation in paid employment. Whether this increase has resulted from women's desire for equality or from changing economic circumstances, women and men have been faced with a crisis in the organization of work that concerns dependents, that is, those unable to care for themselves. This is labor that has been largely unpaid, often unrecognized, and yet is indispensable to human society.

Contemporary social policy toward low-income women in the United States, as evidenced both by Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) and by the AFDC programme that preceded it, is in part an artefact of long-standing conceptions of the nature of citizenship. This view sees citizenship as resting primarily on civil and political rights, not on rights with respect to economic, social, and cultural matters. Drawing on scholarly literature on the development of international human rights regimes, the feminist literature (...) that analyses social policy both comparatively and in terms of US domestic policy, and literature regarding contemporary movements among low-income persons, this paper analyses the efforts of one organization, the Kensington Welfare Rights Union (KWRU), to challenge US policy via international human rights law and international enforcement mechanisms. We will suggest that, despite some of the flaws of the KWRU, their approach is a promising one for low-income women. In particular, we wish to suggest that a broader conception of citizenship that takes into account economic, cultural, and social rights is necessary to create a more equitable and democratic polity for women. (shrink)

In this article, I present the arguments of three republican women philosophers of eighteenth-century France, focusing especially on two themes: equality (of class, gender, and race) and the family. I argue that these philosophers, Olympe de Gouges, Marie-Jeanne Phlipon Roland, and Sophie de Grouchy, who are interesting and original in their own right, belong to the neo-republican tradition and that re-discovering their texts is an opportunity to reflect on women’s perspectives on the ideas that shaped our current political thought.

In this paper, I verify whether the Brazilian courts’ juridical discourse has any argument in favour of the equal right to marriage of the homosexuals. The jurisprudence is an outstanding place of analysis because we can know the way the courts interpret and apply the norms; it is also a place for the creation of an influent juridical discourse about the homosexual family rights. I identify as well the arguments for and against extending the family status to the homosexual couples, (...) and analyse if in these arguments there is any gender and sexuality stereotype. (shrink)

The new familialists argue that the decline of the intact two-parent family is responsible for our most pressing social problems and advocate public policies designed to promote family stability and discourage divorce and nonmarital births. This essay defends the freedom of intimate association and argue that family stability, while an important good, must be balanced with other goods such as equality and justice within the family, happiness, and individual self-development.

Liberal or democratic virtue theories have successfully spread the idea that liberal democracies cannot flourish unless their citizens have certain qualities of mind and character. Such theories cannot agree, however, on what those qualities are. This article attempts to explain and solve this problem. It proposes distinguishing between core virtues, necessary for the actual survival of liberal democracies, and ideal virtues, which promote "progress" according to a given conception of what liberal democracies ought to be about and which values they (...) should most embody. Beyond this, it portrays the relevant virtues as pluralistic (not everyone need have the same ones) and episodic (different virtues are relevant at different times and under different circumstances). It then applies this framework to some key issues of political action and motivation: acts of loyalty and dissent express different aspects of a common response to moral pluralism, and the virtues of citizens differ fundamentally in origin and nature from those of professional politicians. Finally, it suggests more briefly that questions of civil religion, patriotic mobilization in times of war, civic courage, and selfish versus altruistic motives for public action can profit from being seen in this new way. (shrink)